Fake encounters:

=> Fake encounters can be defined as extrajudicial killing of persons who are usually in custody, by the policeman/security forces without following the rule.

=> Fake encounters are violation of Fundamental Right- Right to life guaranteed under Article 21.

=> Allegations against Assam Police of fake encounters are on the rise recently.

Recent Incidents:

1. NHRC

=> In December 2021 two-day sitting of the National Human Rights Commission (NHRC) disposed of 40 cases from the five Northeastern States related to custodial deaths and fake encounters.

=> Assam alone accounted for more than half of the cases.

2. PIL in Gauhati HC

=> A PIL has been filed in Gauhati High Court regarding rising cases of fake encounter in Assam.

Why fake encounter continues in India?

1. Lack of any specific law to deal with custodial death and fake police encounters

• Law Commission of India in its 273rd report recommends that those accused of committing custodial torture – be it policemen, military and paramilitary personnel – should be criminally prosecuted.
• SC has ordered Police Complaint Authority(Prakash Singh case 2006) to be established in each state, but very few states have established that.

2. Police officers engaged in fake encounter and custodial deaths are awarded with promotion,rewards. They become famous as encounter specialists.

3. People in many cases support custodial death and fake Encounters.Due to such popular demands many times accused police officers are not punished.